Assumpsit

Lat. \irom assum^re, to undertake.] In practice and pleading. (He undertook.) The name of a civil action given by law to the party injured by the breach or non-performance of a parol contract (that is, a contract not under seal) legally entered into. It lies upon contracts either express, or implied by law, and gives the party damages m proportion to the loss he has sustained by the violation of the contract.

4 Co. 92.

Bac. Abr. Assumpsit.

1 Chitt. PI. 98, 99. 1 Archb. iV^. Prius, 1. Browne, on Actums, 3 1 8 — 3 3 3.

It is technically an action on the case, and derives its name from the emphatic word of the clause in the writ and declaration, (when in Latin,) expressive of the defenoant's undertaking, — " super se assumpsit, et ad tunc, et ibidem fideliterp romisit" —, (undertook, and then and there faithfully promised).

1 Chitt. PI. Ill, 112.

Towns. PI.

410, 411.

See Indebitatus assumpsit. This characteristic and once indispensable word is, however, now omitted in the English forms.

Reg. Gen. Trin. T 1 WillJV. 1 Chitt. PL 98, note (g).

The undertaking or promise itself, upon which an action of assumpsit may be brought.

S BL Com. 167.

Termes de la leg.

Cowell.